Universal Design Approach For An

Accessible Built Environment

Through Legislation For Effective

Implementation In Malaysia Name: Nur Amirah Abd. Samad (PBE163003) Greenovation Research Group Faculty of Built Environment Supervisor: Assoc. Prof. Dr. Ismail Said Faculty of Built Environment Universiti Teknologi Malaysia (UTM)

Proposal Defense

Content ü  Introduction

ü  Issues and Statement of Problem

ü  Research Gap

ü  Research Aim and Objectives

ü  Research Questions

ü  Literature Review

ü  Scope and Parameters of Research

ü  Theoretical Framework

ü  Research Methodology

ü  Significance of Research

ü  Research Gantt Chart and Milestone

ü Major References

Introduction This research explore the current situation of accessibility in Malaysian built environment and further investigate alternatives and recommendations for an effective implementation to intensify accessibility in the built environment, as to what is prevalent, shows that there is a lack of seamlessness in the access.

Accessibility in the built environment is often associated with Persons with Disabilities (PwDs) as it distinguishes the rights of PwDs towards gaining access to the physical environment and their discrimination of equal participation in the society.

Introduction   The significant global scene was identified when the Americans with

Disabilities Act was being conferred in US in 1990 by establishing a comprehensive legal framework in protecting Persons with Disabilities (PwDs) from discrimination in employment and access to services and facilities for equal opportunities as a civil rights issue (Kose, 2010; Manley, 1996).

  The movement also started the Disability Discrimination Act 1995 as a rights based social inclusion for PwDs in the United Kingdom and Japanese with Disability Act in 1993 an upgrade from Japan old disability law.

  United Nations (UN) initiation of United Nation International Year of Disabled Persons in 1982 followed by the International Decade of Disabled Person from 1983 to 1992 (Kose, 2010; Parker, 2001) where it has effected advocacy issues in Asian countries in the Asia Pacific region under the United Nation Economic and Social Commission of Asia Pacific (UNESCAP).

Introduction

(Rahim, Samad, & Rahim, 2015; Takayama Declaration on the Development of Communities-for-All in Asia and the Pacific, 2009, Incheon Strategy to “Make the Right Real”, 2014)

Malaysia is currently adopting the ‘Incheon Strategy’ to “Make the Right Real” for PwDs in implementing relevant national laws and legislations.

The Asian and Pacific Decade of Disabled Persons, 3rd and current decade, 2013–2022

The ‘Incheon Strategy’ to “Make the Right Real” for Persons with Disabilities in Asia and the Pacific

The Incheon Strategy outlined 10 goals, 27 target and 62 indicators but only on Goal no. 3 that enhances access to the physical environment, and public transportation besides knowledge, information and communication

The continuation for the Asian and Pacific Decade of Disabled Persons, 2nd decade 2003 – 2012 Biwako Millennium Framework for Action Towards an Inclusive, Barrier-Free and Rights-Based Society for Persons with

Disabilities in Asia and the Pacific, , which are embraced in the United Nation Convention on the Rights of Persons with Disabilities (UNCRPD) 2006

Asian countries in the Asia Pacific region are members of the United Nation Economic and Social Commission of Asia Pacific (UNESCAP)

Malaysia has signed Proclamation of the Asian and Pacific Decade of Disabled Persons, 1993-2002 (1st decade)

Issues and Problem Statement

The perspective of disability studies where scholars argued that what is called physical or mental `disability' is not a person attribute but a complex conditions created by the social environment.

F r o m ` s o c i a l - p o l i t i c a l perspective’ disability is seen as a `sophisticated form of social oppression’. Thus, PwDs being social minorities who have been systematically discriminated against in all areas of life

Global Concerns on Persons with Disabilities (PwDs), Universal Design and Accessibility

Attitudes to PwDs have improved but reluctance among architects & owners to invest in facilities for user friendly because effect cost or aesthetic quality.

In European, UK & Ireland, c o m p r e h e n s i v e a n d e n f o r c e a b l e a c c e s s legislation is to promote and enable independent living, safety and accessibility.

Ant i -d i s cr iminat ion legislation will only make sense in countries where equality are pervasive.

Discrimination surface where loca l author i ty officers tend to conceive disability, medically rather than environmentally being impa i rment a s the problem to be overcome rather than the social or environmental barriers. (J. Harrison & Dalton, 2015; Imrie, 2000; Imrie & Kumar, 1998)

Issues and Problem Statement

Everyone is likely to experience the misfit between themselves and the environment at some time in their life.

In ASEAN countries, the statistics of population for the disabled people and elderly in Asia and the Pacific region are reported to be increasingly rapid with an estimation of 40% of total world population. The pressure of demographic and changing of cultural patterns leads Elderly in Japan & Singapore to be living apart from their families independently . (Asiah Abdul Rahim, Zen, Samad, Rahim, & Badhrulhisham, 2014; J. D. Harrison, 2001; Kose, 2010)

Regional Concerns

Accessibility of built environment in Malaysia has been an ongoing issue as legislation implementation and enforcement for PwDs are not well integrated and implemented. (Kamarudin et al., 2012; Kadir & Jamaludin, 2012; Maidin, 2012; Soltani, Sham, Awang, & Yaman, 2012; L. M. Yusof & Jones, 2016)

Many have increasingly questioned the effectiveness of these legislation and standards with disabilities in Malaysia as being unsatisfactory or ineffectual in their implementation and the design outcomes achieved.

Local Concerns

Discrimination act affects civil rights of social participation and equal opportunity. As in Asia and the Pacific Countries where ethnicity and race are the most diverse, there are no discrimination act but they developed Disability act or similar in order to achieve equal opportunity for Persons with Disabilities.

•  Estimated 15% of the world's population has a disability

•  More than ONE BILLION people with special needs worldwide

•  An estimated 80% live in developing countries

(Source: WHO Report, 2011)

GLOBAL - PEOPLE WITH DISABILITIES

(PWDS)

PEOPLE WITH DISABILITIES (PWDS) IN MALAYSIA

ELDERLY IN MALAYSIA (60+)

•  There are 366,178 PwDs registered with the Department of Social Welfare

•  35.0%-learningdisabili2es(au2smisthehighest%)

•  34.0%-physicallydisabled•  9.0%-visuallyimpaired•  8.0%-hearingimpaired•  8.0%-mental/psychosocialdisabili2es•  1.0%-speechdisabili2es•  5.0%-othertypeofdisabili2es/mul2ple

disabili2es

(Source: Jabatan Kebajikan Masyarakat [JKM] Malaysia, 2016)

•  Population of 60+ in 2010 is 7.9% •  Population projection in 2040 will be 16.3%

(Social Welfare Department, 2013)

Accessibility can be achieved by strict implementation at Local Government, but how it should be implemented and

enforced, has been debated on its practicality between academia and

professional practices

This ‘Connectivity’ often disappears while integrations of the old and new development are not monitored as jurisdiction issues and building ownership. Barriers and obstructions were caused

by indiscipline and ignorance of regulations. Although building laws require significant

elements to be accessible, it is more difficult to legislate

The facts that the journey, route and connectivity of the access not being seamless, creates loopholes in the

integration of planning and design aspect, as well as implementation and

jurisdiction aspect. A clinic for instance, may be accessible and usable, whereas the road system is the responsibility of another authority, which operates in a

completely different way.

There is a lack of awareness and accessibility design knowledge among Architects, Planners and Designers as

it is a design concept for a minority group. Misconception about Universal

Design is perceived as a design template for PwDs and contributes to

the slow pace of acceptance and implementation in Malaysian practices.

Research Gap

Figure: Schematics Diagram of Universal Design Application in

the Built Environment. (Source: Asiah Abdul Rahim,

2010) Accessibility

Horizontal circulation

Vertical circulation

Internal Space

Private /inside building

product

Structure

Public/outside building

• To identify and distinguish the legislations related to Persons with Disabilities (PwDs) and accessibility in the built environment in Malaysia. RO1

• To investigate implementation framework of other developed and developing countries that has regulated their legislation, policies, and standards and how they overcome problems and enforcements. RO2

• To formulate a recommended implementation framework on strategy measures linking available legislative documents and standards to ensure enforcement for accessibility in the built environment. RO3

Research Aim and Objectives

AIM This research attempts to formulate an implementation strategy framework of accessibility and seamless connectivity through the application of Universal Design in Malaysian built environment.

RO1

RO2

RO3

Research Questions • What are the legislations related to Persons with Disabilities

(PwDs) regarding provision of accessibility in the built environment in Malaysia?

RQ1

• How implementation framework of other countries that has regulated their legislation, policies, and standards could be adopted in Malaysia?

RQ2

• How developed countries overcome problems and enforce implementation in achieving their accessible physical built environment?

RQ3

• Is there any available local framework of accessibility implementation model that has been implemented and enforced?

RQ4

• Does perception, awareness, and understanding of Universal Design reflects in the building design and is well interpreted by architects, planners, designers and authority officers?

RQ5

Universal Design is “the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design” (Ronald Mace, 1998; Center for Universal Design, U.S.A., 1994)

Accessibility refers to the characteristic that products, services, and facilities can be independently used by people with a variety of disabilities. Accessibility as a design concern has a long history, but public awareness about accessibility increased with the passage of legislation such as the Americans with Disabilities Act (ADA) [1], which mandated that public facilities and services be fully accessible to people with disabilities. Both accessible and universal design are concerned with addressing the needs of users beyond those considered to be "average" or "typical." (© 2016 DO-IT, University of Washington)

Literature Review

Disability (UNCRPD, 2006): ‘Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.’ Persons with Disabilities Act 2008 state definition of PwDs: ‘Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in society.’ Ministry of Women, Family and Community Development, 2016) has stipulated specific categories of disabilities which includes seven (7) categories: 1.  hearing; 2.  vision, 3.  speech, 4.  physical, 5.  learning difficulties; 6.  mental and 7.  various or multiple disabilities.

Literature Review

Scope and Parameters of Research

Theoretical Framework

Theoretical Framework

Research Methodology

Research Methodology

Significance of Research

Universal Design is the most relevant concept and the current trending concept besides the terminology has been familiarize within all Malaysian Ministry and Government Agencies.

Formulation of Accessibility Implementation Framework for use under ministry and government agencies in innovating possibilities of expanding the existing policies for empowering accessibility for all in our physical built environment

A continuous effort of instilling and changing the society’s mentality of receiving welfare to the social model of disability as the ideals of Universal Design is to demedicalisation perceptions and create a new perspectives of universalisation of disability.

To further the Universal Design concept of Inclusion to Innovation and instead of stifling creativity for architects, planners and designers and pushes them to be inventive.

Research Gantt Chart Activities Semester / Year

1/2016 2/2017 3/2017 4/2018 5/2018 6/2019 Research Conceptualization -  Introduction and research background. -  Research objectives and research questions developed. -  Research gaps identified. -  Develop theoretical framework. -  Distinguish research theoretical underpinnings. -  Proposal Defense.

Literature Review -  Comparisons of Universal Design strategies and implementations in other

developed and developing countries. -  Definition of terms. -  Chronology development of Universal Design and Accessibility. Writing -  Writing for Journal publications. -  Attending and presenting at international conferences. -  Writing papers for conferences and seminars. Data Collection -  Interviews of experts at the Ministry, Local Government, NGOs. -  Collection of related master plans, structure plans, action plans

documents and policies. -  Supporting documents in assisting design implementations such as

guidelines and standards. -  Writing for Journal publications. Data Analysis -  Discussion on data collected. -  Interpretation of data analysis. -  Journal publications. Thesis writing -  Discussion and conclusion.

Submission of thesis -  Viva-voce examination and presentation. -  Correction after viva.

Main References Asiah Abdul Rahim, Samad, N. A. A., & Rahim, C. R. C. (2015). Overview of Universal Design Application and Accessibility in Major Cities of ASEAN Countries. . Paper presented at the 2nd International Conference on ASEAN Community 2015, Kuala Lumpur.

Bickenbach, J. E., Chatterji, S., Badley, E. M., & Üstün, T. B. (1999). Models of disablement, universalism and the international classification of impairments, disabilities and handicaps. Social Science & Medicine, 48(9), 1173-1187. doi:http://dx.doi.org/10.1016/S0277-9536(98)00441-9

Fletcher, V. (2016). Inclusive/universal design: People at the center of the design process The Routledge Companion for Architecture Design and Practice: Established and Emerging Trends (pp. 251-268): Taylor and Francis.

Froyen, H. (2015). Universal Design for The Human-Made Environment We Share. Paper presented at the 4th International Conference on Universal Design in the Built Environment 2015 Sharing the World (ICUDBE2015), Perbadanan Putrajaya

Harrison, J., & Dalton, C. (2015). THE FAMILIAR AND THE STRANGE: THE LIMITS OF UNIVERSAL DESIGN IN THE EUROPEAN CONTEXT. JOURNAL OF UNIVERSAL DESIGN IN THE BUILT ENVIRONMENT, 1(1), 49-67.

Hussein, H., & Yaacob, N. M. (2012). Development of Accessible Design in Malaysia. Procedia - Social and Behavioral Sciences, 68, 121-133. doi:http://dx.doi.org/10.1016/j.sbspro.2012.12.212

Imrie, R., & Kumar, M. (1998). Focusing on Disability and Access in the Built Environment. Disability & Society, 13(3), 357-374. doi:10.1080/09687599826687

Iwarsson, S., & StÅHl, A. (2003). Accessibility, usability and universal design—positioning and definition of concepts describing person-environment relationships. Disability and Rehabilitation, 25(2), 57-66. doi:10.1080/dre.25.2.57.66

Main References Kamarudin, H., Hashim, A. E., Mahmood, M., Ariff, N. R. M., & Ismail, W. Z. W. (2012). The Implementation of the Malaysian Standard Code of Practice on Access for Disabled Persons by Local Authority. Procedia - Social and Behavioral Sciences, 50, 442-451. doi:http://dx.doi.org/10.1016/j.sbspro.2012.08.048

Kanter, A. S. (2015). The development of disability rights under international law: from charity to human rights. Abingdon: Routledge.

Manley, S. (1996). Walls of exclusion: The role of local authorities in creating barries-free streets. Landscape and Urban Planning, 35, 137-152.

Ostroff, E. (2001). Universal Design: The New Paradigm. In W. F. E. Preiser & E. Ostroff (Eds.), Universal Design Handbook: McGraw-Hill Education.

Parker, K. J. (2001a). Changing Attitudes Towards Persons with Disabilities in Asia. Disability Studies Quarterly, Volume 21(No. 4), Page 105-113.

Soltani, S. H. K., Sham, M., Awang, M., & Yaman, R. (2012). Accessibility for Disabled in Public Transportation Terminal. Procedia - Social and Behavioral Sciences, 35, 89-96. doi:http://dx.doi.org/10.1016/j.sbspro.2012.02.066

Tah, I. H. M., & Mokhtar, K. A. (2016). Malaysia’s Ratification of the UN Convention on the Rights of Persons with Disabilities (UN CRPD). International Journal of Business, Economics and Law, Vol 11(Issue 4 (Dec)).

Yusof, N. L. M., & Jones, D. (2014). Universal Design Practice in Malaysia: Architect’s Perceptions of its Terminology. Paper presented at the Universal Design 2014: Three Days of Creativity and Diversity.

Thank you